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UTKE v. CITY OF HOUSTON

No. C1-87-2296.

422 N.W.2d 303 (1988)

Wayne D. UTKE, et al., Appellants, v. CITY OF HOUSTON, et al., Respondents.

Court of Appeals of Minnesota.

Review Denied July 6, 1988.

Attorney(s) appearing for the Case

Patrick T. Tierney, Collins, Buckley, Sauntry & Haugh, St. Paul, for Wayne D. Utke, et al.

James Noble, Thomas M. Fitzpatrick, McDonald, Fitzpatrick, Schroeder & Smyth, LaCrosse, for City of Houston.

Jeffrey A. Hanson, Dunlap, Keith, Finseth, Berndt & Sandberg, Rochester, for Richard D. Dittman.

Heard, considered and decided by FOLEY, P.J., and FORSBERG and FLEMING, JJ.

OPINION

FORSBERG, Judge.

Wayne Utke and his wife Bonnie (hereafter "Utke") commenced this action against respondents City of Houston and four of its officials (hereafter "City"). Following grant of partial summary judgment to the City as to count I of the complaint (which alleged a claim under 42 U.S.C. § 1983), Utke voluntarily dismissed the remaining counts (which involved state law claims). This appeal followed entry of judgment. We affirm.

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